Doyle v. Jones, No. 11-5052 (10th Cir. 2011)
Annotate this CasePetitioner-Appellant Terry Doyle filed a section 2254 application to challenge his conviction and sentence in Oklahoma state court. The district court denied the application, so he turned to the Tenth Circuit for a certificate of appealability (COA) to challenge the district court's denial. A jury found Petitioner guilty of felonious possession of a firearm after formerly convicted of two felonies. Petitioner was sentenced to 50 years. Petitioner obtained new counsel and unsuccessfully appealed his convictions and sentence to the Oklahoma Court of Criminal Appeals. In his appeal to the Tenth Circuit, Petitioner argued that he received ineffective assistance of counsel when counsel "unrealistically promised" an acquittal, failed to impeach the arresting officers, failed to challenge the sufficiency of the other evidence, and for failing to challenge the admission of certain evidence at trial. Upon careful review, the Tenth Circuit concluded that there were no errors at trial, and that Petitioner did not make a substantial showing of the denial of his constitutional rights. Accordingly, the Court denied Petitioner's application for a COA and dismissed his appeal.
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